In his first-ever interview, the sole Australian survivor of the Waco siege has revealed to 60 Minutes what really took place during the 51-day stand-off, and why he believes crazed cult leader David Koresh will one day return to Earth as the son of God.

Boy 'wore teacher down in effort to have sex with her'

A former teacher says a 16-year-old student wore her down in his pursuit to have sex with her before she agreed to intercourse, a US court has been told.

Brianne Land Altice has been charged with three counts of first degree felony rape and one count of first degree felony forcible sodomy after being accused of having sexual relationship with a male student at Davis High School in Utah, the Salt Lake City Tribune reports.

Altice's lawyer, Edward Brass, asked for all charges to be dismissed in a submission to the 2nd District Court, stating in court papers that the student was the aggressor in the relationship and his "ultimate goal" was to have sex with the 34-year-old English teacher.

"She repeatedly refused and declined his advances until he ultimately broke down her resistance," Mr Brass wrote.

"… the state failed to establish probable cause to believe that the intercourse that occurred was without consent."

After hearing a counter argument from the Davis County deputy attorney, who argued teachers inherently have influence on their students, Judge Thomas Kay denied the motion to dismiss the charges.

He set down a three-day trial for Altice that will begin on September 15.